Do you have to answer yes on an employment application regrading a past conviction if the charge was a misdemeanor?

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Do you have to answer yes on an employment application regrading a past conviction if the charge was a misdemeanor?

I was convicted of an obstruction of law enforcement misdemeanor a year ago. I am applying for a job at a retail store and need to know if I have to put that on my application? Also,will it cause me to not approve me for employment?

Asked on September 30, 2011 under Employment Labor Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If the application asks for any conviction--not merely felonies, for example--then, yes, you need to list it--you need to provide the information asked for.

It certainly could prevent you from getting the job--it depends on how the prospective employer views the conviction. Note that if you don't disclose it but it later comes up in a background check or otherwise, not only can you be fired for cause for lying on the application (no unemployment compensation), but you could potentially be sued for costs, such as training, recruiter, etc. costs, that the employer paid because of your concealment of the conviction, which they would not have paid  had you disclosed the conviction on the application.


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